63Charlie Posted August 21, 2016 Share Posted August 21, 2016 (edited) I filed for PTSD. I was kicked to sleep on base, and diagnosed with a skull fracture. VA determined I have PTSD... but that it isn't service connected. Instead, the VA determined that I have general anxiety disorder, and major depressive disorder, and service connected me with a 50% rating. It's all documented in my SMRs. . Edited August 28, 2016 by 63Charlie Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted August 21, 2016 HadIt.com Elder Share Posted August 21, 2016 As I understand the VA is suppose to differentiate the two between TBI & PTSD...they use symptoms for PTSD As for as rating purposes using the DSM-5 Chart Now I read something about imaging to the TBI Some thing like an MRI machine or close? that they can hook you up to these wires that will show a TBI Truma to the head with imaging (NFL is using it)..but I don't think they have that perfected yet or is passed by the FDA I don't know that much about it but hell yes NOD that decision when you have the evidence that's basically all you need. jmo ..................Buck Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted August 21, 2016 HadIt.com Elder Share Posted August 21, 2016 I never understood this. When a veteran is denied and the obvious is they never read his/her evidence that they submitted and was denied now the veteran NOD's but can't use the evidence they already submitted b/c on NOD THEY require New & Material Evidence now how stupid is that BS. Anyone care to comment? Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted August 21, 2016 HadIt.com Elder Share Posted August 21, 2016 If is stupid from out point of view, and crafty from VA's point of view. My first claim was lowballed because the VA did not include my IME in their rating decision. I thought they did so I did not even file NOD. Years later a lawyer looked at the decision and said "The VA did not even look at your IME. That is CUE". I lost after 8 year battle because I did not file NOD even though they sent my decision to wrong address and it was "Returned to sender address unknown". I don't believe you need "new and material" evidence to file NOD. Is this something new? I must be out of the loop. In reality you do need to either get new evidence or create it via IME/IMO to win a claim like that usually. Berta sent VA ashes of her husband once as an exhibit and as new evidence. Berta is hell cat when VA messes her about as English say. If VA does require "new and material evidence" to file a NOD then this is a Brave New World we have entered. I thought purpose of an appeal is to get a decision reviewed with or without new evidence. I would always suggest new evidence you create like IME/IMO. IME/IMO's were all that allowed me to win my TDIU and P&T. Often you need a doctor to rephrase your argument with medical jargon and then you win. I sure would file NOD on that head injury and beating. After the NOD I might consider hiring a lawyer. Link to comment Share on other sites More sharing options...
0 63Charlie Posted August 21, 2016 Author Share Posted August 21, 2016 (edited) Some of the examiners/raters think it is no big deal when they screw you over. Edited August 23, 2016 by 63Charlie Link to comment Share on other sites More sharing options...
0 HadIt.com Elder john999 Posted August 21, 2016 HadIt.com Elder Share Posted August 21, 2016 I say every time a Vietnam vet dies a little silver bell rings at VA HQ. They pop the corks on sparkling wine and drink to spending a few dollars less on us. It is OK to be angry with the VA. This is fuel to help you win 100%. Just do not give them any ammunition to screw you. They already have plenty of incentive to screw you to the wall if possible. You must play there game and use rules to win your claim. What happened to you on base? You were attacked? Others here over the years also had that problem. Were you robbed as well? When were you in service? I remember guys fighting but not the kind of attacks and rapes etc. I hear about now. I certainly believe every word you say. What fort were you at? I was at the worst being Benning, Polk, Riley, Lenardwood and Stewart (HAAF). I wanted to go back to Vietnam, but by then I was way to &^%%$ up to go anywhere. I should have been medically discharged, but that would have cost the Army money so they just kicked me out after 28 months and a nice tour of Vietnam. However, I prevailed in the end and so can you. Inarticulate&Distorted and Andyman73 2 Link to comment Share on other sites More sharing options...
0 Inarticulate&Distorted Posted August 24, 2016 Share Posted August 24, 2016 (edited) On Sunday, August 21, 2016 at 6:37 AM, Buck52 said: I never understood this. When a veteran is denied and the obvious is they never read his/her evidence that they submitted and was denied now the veteran NOD's but can't use the evidence they already submitted b/c on NOD THEY require New & Material Evidence now how stupid is that BS. Anyone care to comment? My opinion Any new evidence will help you with a NOD. Mine was just a Voc Expert who testifies in VA, SSDI and Railroad Benefits Courts. And even though it sounds silly and anti-progress, i think at this point in time with the games the VA is playing with fast rejections and lowballs have FILLED the frikin Appeals Dockets, we should maybe hold back just ONE bit of evidence, maybe because we kind of already know lowballing is SoP for the bastiches, just have that one bit of evidence ready for your NOD. Once again, just a opinion, and a path i'm taking on my next claim. Edited August 24, 2016 by Inarticulate&Distorted spellin Link to comment Share on other sites More sharing options...
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63Charlie
I filed for PTSD.
I was kicked to sleep on base, and diagnosed with a skull fracture.
VA determined I have PTSD... but that it isn't service connected.
Instead, the VA determined that I have general anxiety disorder, and major depressive disorder, and service connected me with a 50% rating.
It's all documented in my SMRs.
.
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john999
I say every time a Vietnam vet dies a little silver bell rings at VA HQ. They pop the corks on sparkling wine and drink to spending a few dollars less on us. It is OK to be angry with the VA. This
Buck52
Well the way the VA is if they fail to read evidence submitted the first time around... then re-submit it on your NOD... B/C if they don't read it or consider it the first round and its not in your r
john999
When I go for C&P exam I gird my loins (David in the Bible) and prepare for war. "There will be blood" usually mine. These guys are not your friends and can smile in your face and be killing
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